The Ethics and Anti-Corruption Commission (EACC) has moved to court to reclaim Kisumu's Kibuye market from alleged grabbers.
In a case filed in the Kisumu Environment and Land Court, John Oyare Oyieko is accused of grabbing the market from the County Government of Kisumu and now demanding to be declared the sole owner of the entire market and all traders in the market evicted.
In the alternative, Oyieko wants the County Government of Kisumu to pay him a compensation of Ksh7 billion in order to surrender the property to the county.
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Addressing traders at Kibuye Market on Wednesday, EACC CEO Twalib Mbarak said the alleged grabber is holding three titles to the land constituting the entire Kibuye market, alleged to be forgeries.
"The Commission commenced investigations on 16th February 2023, upon receipt of a distress call from the County Government which reported that the market had been fraudulently acquired by Mr. Oyieko who was demanding a payment of Ksh7 billion or he evicts the traders. EACC has valued the property and found its current market value to be Ksh2 billion," Mbarak said.
In the case filed on Monday, October 16, 2023, Oyieko is sued alongside Anilla Javanti Kotecha, a co-defendant who is also implicated in the grabbing.
"EACC has informed the Court that despite issuing a demand to Mr Oyieko, to cease their illegal claim over Kibuye Market, the individual has refused to surrender the property thus rendering this suit necessary. In addition to recovering the Market, EACC will recommend criminal charges against the perpetrators," Mbarak added.
In the suit filed by lawyer Mary Kakuvi on behalf of EACC, the anti-graft agency is seeking a declaration that titles LR 5/553, 180/111, 416/166 in the name of Oyieko are illegal titles.
EACC is also seeking a declaration that land parcel numbers Kisumu Municipality Block 5/610, 5/416, and 5/417 are public land under the custody of Kisumu County Government.
"(EACC is seeking) a declaration that land parcel Kisumu Municipality Block 5/553 is public land under the custody of the Ministry of Cooperatives and MSME Development and particularly being held in trust by MSEA, the body mandated to manage Jua Kali-related matters," Mbarak added.
"(We are also seeking) a declaration that the allocation and issuance of Lease over Land Parcel Number Kisumu Municipality Block 5/416 to Anila Javanti Kotecha, the 2nd Defendant is null and void, and incapable of conferring any estate, interest or right to the property."
About Kibuye market
The Kibuye Market, used by traders since 1971, is a source of income for over 5,000 registered traders. The County Government receives revenue collection of approximately Ksh400,000 during the weekend and Ksh150,000 on each weekday (Monday to Friday).
The market is one of the largest in East and Central Africa.
